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BAC Home Loans v White Decision OK Court of Appeals 03 Dec 2010

BAC Home Loans v White Decision OK Court of Appeals 03 Dec 2010

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This is the decision of the case BAC Home Loans v. White, a matter before the Oklahoma Court of Appeals, Case No. SD-108736. This case was appealed from the Rogers County, OK, District Court. Ronald R. and Teri L. WHITE appealed pro se a decision granting summary judgment to BAC Home Loans. The appellate court, in a major setback for Mortgage Electronic Registration Systems (MERS) indicated that bi-furcation of the note and the mortgage was not permissible under Oklahoma law and therefore disregarded an assignment purporting to convey MERS' interest in the mortgage to the plaintiff. The court found other evidence supporting the plaintiff's standing to be ambiguous and found that summary judgment was inappropriate given the disputed fact issues. The Court expressly cited the decisions of the Kansas, Arkansas and Maine Supreme Courts, as well as Christopher Peterson's excellent journal article in reaching its decision. The decision was filed on December 4, 2010.
This is the decision of the case BAC Home Loans v. White, a matter before the Oklahoma Court of Appeals, Case No. SD-108736. This case was appealed from the Rogers County, OK, District Court. Ronald R. and Teri L. WHITE appealed pro se a decision granting summary judgment to BAC Home Loans. The appellate court, in a major setback for Mortgage Electronic Registration Systems (MERS) indicated that bi-furcation of the note and the mortgage was not permissible under Oklahoma law and therefore disregarded an assignment purporting to convey MERS' interest in the mortgage to the plaintiff. The court found other evidence supporting the plaintiff's standing to be ambiguous and found that summary judgment was inappropriate given the disputed fact issues. The Court expressly cited the decisions of the Kansas, Arkansas and Maine Supreme Courts, as well as Christopher Peterson's excellent journal article in reaching its decision. The decision was filed on December 4, 2010.

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Published by: William A. Roper Jr. on Dec 11, 2010
Copyright:Attribution Non-commercial

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05/26/2011

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THIS OPINION HAS BEEN RELEASED
FOR
PUBLICATION
BY
ORDER OF THE COURT OF CIVIL APPEALS
IN
THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMADIVISION I
BAC
HOME LOANS SERVICING, L.P. )f/k/a COUNTRYWIDE HOME LOANS )SERVICING, L.P., )
)
Plaintiff/Appellee, )
vs. )
Case No. 108,736
)
RONALD R. WHITE a/k/a RONALD R. )WHITE, JR., )
)
Defendant/Appellant, )
)
and )
)
TERI
L.WHITE
a/k/a
TERIWHITE;
...-}
.
)
Defendant. )APPEAL FROM THE DISTRICT COURT OFROGERS COUNTY, OKLAHOMAHONORABLE DYNDA R. POST, TRIAL JUDGEREVERSED AND REMANDEDAmy E. Collins,Brian Rayment,KIVELL, RAYMENT AND FRANCIS, P.C.,Tulsa, Oklahoma,F or Plaintiff/Appellee,
 
Ronald R. White,Claremore, Oklahoma,OPINION
BY
CAROL M. HANSEN, Judge:Pro se.
~1
Defendant/Appellant, Ronald
R.
White, seeks review
of
he trial court's ordergranting summary judgment in favor
of
Plaintiff/Appellee, BAC Home LoansServicing,L.P., f/k/a Countrywide Home Loans Servicing,
L.P.
(BAC), in
BAC's
action to foreclose a mortgage on the Whites' home. At issue is whether BAC is theholder
of
the note and mortgage. The evidentiary materials submitted in support
of
BAC's
motion for summary judgment do not show undisputed material factssupporting but a single inference in favor
ofBAC'
s quest for relief. Accordingly, wereverse and remand for trial..
~2
··BAC
sued Ronald White and his wife,
DefendantTeriL;White,
alleging theWhites had defaulted on a note to American Home Mortgage, secured by a mortgageto Mortgage Electronic Registrations Systems, Inc. (MERS) as nominee for AmericanHome Mortgage. BAC alleged it was the present holder
of
the note and mortgage"through mesne assignments
of
record." It attached to the petition a copy
of
he noteand mortgage, as well as an assignment
of
mortgage. The note stated,I promise to pay [principal amount plus interest] to the order
of
the Lender.The Lender is American Home Mortgage ...
2
 
I understand that Lender may transfer this Note. The Lender or anyone whotakes this Note by transfer and who is entitled to receive payments under this Noteis called the "Note Holder."
,-r3
The note was signed by Ronald White and Teri White. Below the signatureswas a stamp stating,
PAY
TO THE ORDER
OF
WITHOUT RECOURSE
BY:
AMERICAN HOME MORTGAGERENEE BURYASST. SECRETARYIn the underlined blank were the handwritten initials "RB." The mortgage identifiedthe Whites as the borrowers and mortgagors, and American Home Mortgage as thelender.
It
stated, "MERS is a separate corporation that is acting solely
as
nominee for
..
.c
Lender
and-Lender'
ssuccessorsand
assigns
.
MERS is the mortgageeunderthisSecurity Instrument." The mortgage was signed by the Whites. In the mortgageassignment, MERS, "as Nominee for American Home Mortgage" assigned themortgage to Countrywide Home Loans Servicing,
LP.
The assignment was undatedbut signed by "Kimberly Dawson, 1st Vice President" for MERS. Theacknowledgment attached to the assignment was undated but signed by ReginaMcAninch as a notary public in the State
of
Texas. A file-stamp by the county clerk
3

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